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(영문) 서울중앙지방법원 2019.01.16 2018가합546530
징계처분무효확인
Text

1. On January 6, 2018, the Defendant’s decision on disciplinary action against Plaintiffs A, N, andO for three years of suspension of their respective membership rights, Plaintiffs B, C, D, E, F, G, and H.

Reasons

1. Facts of recognition;

A. The defendant is an organization comprised of persons (regular members) who paid the prescribed membership fees from among Q specialist, and the plaintiffs are members of the defendant's Seoul, Gyeonggi, and Incheon Branch.

B. The Defendant elected the president at the representative general meeting composed of the representatives elected by each branch general meeting by not later than 2014. However, from around 2014 to around 2014, there was a demand for changing the method of election of the president from the liver system through the existing representative general meeting to the straight line system through the general meeting of members, and there was a conflict between the members of Seoul, Gyeonggi, and the Gangwon branch meeting demanding the executive branch and the straight line system to maintain the liver system.

C. From October 2014, the Defendant tried to hold a representative meeting for the election of the president of the next term from around several occasions. However, some members applied for the prohibition or provisional disposition of the holding of the representative meeting on the grounds of defects in the procedures for the election of representatives, etc., and the application was accepted, the Defendant could not hold the representative meeting. On April 23, 2016, the R was elected as the president at the regular representative meeting held on April 23, 2016, but the same year.

8. 26. The resolution of the General Meeting of Representatives was declared invalid on the grounds that there were defects in violating the procedures set forth in the articles of incorporation.

(Seoul Central District Court 2015Gahap17857). After that, R resigneds, Attorneys S were appointed and performed duties as the provisional director (chairperson) of the defendant on October 27, 2016 (Seoul Central District Court 2016 non-conforming69). The defendant again elected R from the provisional representative meeting held on September 2, 2017 (hereinafter referred to as "the representative meeting of the representatives of the representatives of the representatives of this case").

On the other hand, about 629 members of the defendant member who requested the method of election of the president was required to convene a general meeting of members with "establishment of the articles of association and the composition of the election commission" as an agenda item to T which was performing the duties of the president at September 1, 2015, but T did not comply with it, and it includes the plaintiffs.

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